Victim is not required to apply for or obtain leave of the Court to file any of the appeals
In our case, the right to bring before the Appeal Court the merits of the matter would be denuded and diluted by the various road blocks that leave would necessitate when the legislature specifically refrained from putting the victim on par with the State or the private complainant in the Section relating to appeals - Section 378 of the Cr.P.C. - and put them in the head section excepting them from the rigours of the procedure relating to appeals. There is, therefore, no need or requirement to read into the proviso any procedural act which would denude it if its effectiveness or the read down the express statutory right.
70. In the result, I hold that the victim is not required to apply for or obtain leave of the Court to file any of the appeals under the proviso to section 372.
Bombay High Court
Balasaheb Rangnath Khade vs The State Of Maharashtra & Ors on 27 April, 2012
Bench: R. S. Dalvi
